MP High Court: Estranged Husband Entitled to Loss of Consortium Compensation After Wife’s Death  ||  J&K & Ladakh HC: Claims under Roshni Act Void Ab Initio, Ownership Rights Null from Inception  ||  Madras High Court Directs Expedited Trials in 216 Pending Criminal Cases Against MPs and MLAs  ||  MP High Court: Allowing Minor to Drive Without Valid License Constitutes Breach of Insurance Policy  ||  Punjab & Haryana High Court: Cyber Fraud Cases Uphold Public Trust, Cannot Be Quashed by Compromise  ||  SC: Customer-Banker Relationship Based on Mutual Trust, Postmaster’s Reinstatement Quashed  ||  Supreme Court: Company Buying Software for Efficiency and Profit Is Not a ‘Consumer’ under CPA  ||  SC: Long Custody or Trial Delay Not Ground for Bail in Commercial Narcotic Cases if S.37 Unmet  ||  Calcutta HC Disqualifies Politician Mukul Roy from Assembly under Anti-Defection Law  ||  Supreme Court Bans Mining in and Around National Parks and Wildlife Sanctuaries    

Ct/Gd Rajender Singh vs. Union Of India &Ors. (Neutral Citation: 2024:DHC:314-DB) - (High Court of Delhi) (16 Jan 2024)

Transfer is an exigency of service which ought not to be interfered by a Court of law, especially, when it is pertaining to Armed Forces

MANU/DE/0303/2024

Service

The Applicant/ Petitioner, serving as a Constable in Sashastra Seema Bal [SSB] filed a writ petition challenging his transfer from New Delhi to Siddharth Nagar, Uttar Pradesh before present Court. The same was disposed of vide order and the petitioner was to make a representation for consideration before the concerned authorities.

Thereafter, the Petitioner filed the present writ petition seeking quashing of the order whereby he was transferred to 4th Battalion, Lucknow, Uttar Pradesh from 43rd Battalion, Siddharth Nagaras also the subsequent order rejecting his representation.

Prima facie, the present application is not maintainable as the writ petition has already been disposed of and the Petitioner has not assailed the subsequent order passed thereafter, which is a fresh cause of action.Even otherwise, the Petitioner has admittedly not alleged any bias or mala fide, vindictiveness on the part of the respondents or that there is any violation of any statutory requirements, rules, regulations.Moreover, the Petitioner has been unable to show as to what are the medical facilities required, which are exclusively available in Delhi and are not available in a city like Lucknow.

As per settled law, transfer is an exigency of service which ought not to be interfered by a Court of law, especially, when it is pertaining to Armed Forces, as they are the best judges who exercise their discretion and form an opinion thereon.

Accordingly, in view of the existing facts involved coupled with the settled position of law, the present application is dismissed.

Tags : TRANSFER   LEGALITY  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved